Housing Society Problems and Solutions: Resolving Parking Woes and Procedural Disputes
Shirish Shanbhag 23 January 2025
Cooperative housing societies (CHS/the Society) often encounter a range of challenges, from managing shared spaces to resolving disputes over legal and administrative procedures. This week, I will address some pressing concerns raised by members of CHS, highlighting the need for clear communication and adherence to rules.
 
Whether it's dealing with issues like parking inconveniences caused by environmental factors, procedural irregularities in resignation acceptance or discrepancies in crucial documents like share certificates, these queries underline the importance of proper governance and timely resolution. Additionally, matters related to nominations and share transfers remind us of the critical role that societies play in safeguarding the rights and interests of their members.
 
Problems with Allocated Parking Spot
Question: What should owners in a CHS do, if they are unable to park their vehicle in their designated parking space? My parking spot is near the swimming pool and a large tree, where pigeons perch all day due to the availability of water in the pool. Their droppings are messing up both the vehicle and the pool.
 
Answer:  You should approach the managing committee with your grievance, providing the relevant facts. 
Parking in a CHS is governed by new bye-laws Nos78 to 84 of the year 2014.  (Two of these are reproduced below.)
 
78. Where any parking slots have been built or open space in the Society's compound is available for parking of cars, the Society shall number and demarcate the stilts and/or the open space in such a way that no inconvenience would be caused to any of the members of the Society. The managing committee shall ensure that the space is used by the members for the purpose for which it is allotted to them.
 
80. In case the number of eligible members for parking slots is in excess of the available parking slots, then the managing committee shall allot parking slots on an annual basis by fair and transparent process, in concurrence with the general body regulations.
 
Additionally, it is important to clarify whether the Society officially allocated the open parking spot to you. This will help in addressing the issue more effectively.
 
Delay in Acceptance of Resignation by Managing Committee
Question:  Due to differences with the committee members, I, as the secretary of a housing society in Mumbai, submitted my resignation to the chairman. However, the chairman did not sign or accept the resignation at the time and, for the next three months, I continued performing my duties without receiving any formal acceptance. During this time, my relations with other committee members normalised.
 
Later, the chairman, under the influence of others, signed the resignation letter, backdated the acceptance within 30 days of its submission and declared that my resignation was accepted. This decision was made privately in the presence of two other committee members, not in front of the entire committee and there was no formal handover of responsibilities to a new secretary.
 
In such a situation, if the letter is presented to me after three months, is the resignation valid?
 
Answer: Your resignation becomes valid only when the managing committee formally conveys its decision to you. If you have concerns about the backdated acceptance or the procedure followed, you should raise the matter with the appropriate deputy registrar of cooperative societies for clarification and redressal.
 
Incorrect Share Certificates Issued by the Society
Question: We have been issued share certificates for our blocks with incorrect numbers and the Society claims they do not have any old records to verify and issue the correct ones. Please advise.
 
Answer:  All CHSs in Maharashtra are required to maintain a record of the counterfoils of share certificates. Considering this, the claim by your Society is not correct. You need to submit an application along with the approved building plan to the managing committee. This will enable them to review the matter and take appropriate steps for rectification. If the matter does not get resolved at the managing committee level, you may choose to escalate the matter with the deputy registrar of cooperative societies. 
 
Objection on Percentage Share of Nomination 
Question: For a flat in a CHS in Thane West, a mother nominated her three sons as equal beneficiaries with a 33.33% share each. Can the Society refuse to transfer the share certificate, citing that percentages must always be whole numbers, especially after three years of submitting the nomination form? Kindly advise.
 
Answer: Once the nomination has been accepted, the Society cannot raise objections at a later stage, as appears to be the case here. As per the rules, any decision on an application, including a transfer, must be made within three months of receiving the application. If the Society refuses the application, the nominees can appeal to the deputy registrar of cooperative societies with jurisdiction to seek a resolution.
 
NOTE
We will not be answering queries posted in the comments. Only questions sent through the Moneylife Foundation's Legal Helpline will be answered. If you want to seek guidance or ask questions to Mr Shanbhag, kindly send it through Moneylife Foundation's Free Legal Helpline. Here is the link: https://www.moneylife.in/lrc.html#ask-question
 
Disclaimer: The guidance provided in these columns and on our Legal Helpline is on the sole basis of the facts provided by the reader/questioner and does not amount to formal legal advice in any form whatsoever. 
 
(Shirish Shanbhag has an MSc in Organic Chemistry, a Diploma in Higher Education, and a Diploma in French and has completed his LL.B. in first class in 2021. Before his retirement, he was a junior college teacher at Patkar College from July 1980 to May 2012, teaching theoretical and practical chemistry. Post-retirement in 2012, he started providing guidance and counselling to people on several issues, specifically focusing on cooperative housing society-related matters. He has over 30 years of hands-on experience in all matters about housing societies and can provide out-of-box solutions for any practical issue.)
Comments
nileshshah22
2 weeks ago
The flat where I am staying is in my mother's name with my father, myself and two sisters as nominees. My father passed away in 2007 and mother passed away in 2024. Now what is the procedure to get the flat transferred to my name in govt records and society share certificate. Please advise.
prawal786
2 weeks ago
Please clarify if it is mandatory to provide demarcated space under stilt or open for parking of one car to each of the flat owner when space is adequate to park number of cars equivalent to number of flats. Can the parking slot in common area be sold to members of the cooperative housing society
badhri9984
2 weeks ago
In Chennai apartment at 36 Akbarabad First Street Kodambakkam Chennai 8flats constructed against 6flats building plan on hand two flats with 4car parks as per approved plan builder constructed one unauthorised flat in the car park area i.e. common areas. SBI and HDFC Bank sanctioned housing loan with fictitious building plan and borrowers enjoying tax benefits and concessional low rate of interest for the past 5 years Plus. Inaction by competent authorities like CGOC and CDMA due to extraneous considerations inspite of written genuine repeated complaints in their file. Corruption to the core. Managements of the SBI and HDFC not taking any action on their employees misconduct for sanctioned housing loan based on fictitious building plan on hand.
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